Western Centrism, Contemporary International Law, and International Courts

iCourts Working Paper Series No. 187

Forthcoming, Leiden Journal of International Law

46 Pages Posted: 16 Jul 2020

See all articles by Salvatore Caserta

Salvatore Caserta

University of Copenhagen - iCourts - Centre of Excellence for International Courts

Date Written: June 1, 2020

Abstract

The paper unpacks the notion of western centrism in contemporary international law by developing a framework to capture the its varied patterns. It argues that western centrism can have three different manifestations – Systemic, Evaluative, and Professional – depending on whether it refers to the rationality, the narratives, or the actors at play in the international legal field. The paper then discusses three theoretical approaches that can help scholars dealing with western centrism in international (legal) scholarship. These are: the critical readings of those scholars that explain international law through the lens of power and domination; II) the Stanford school of sociological institutionalism, which explains international institutions and norms through the role of culture and global scripts; and III) the post-Bourdieusian reflexive sociology, which analyses the roles of transnational legal elites in colonial and post-colonial settings. Finally, the paper reconstructs the experience of the Caribbean Court of Justice in the light of Western Centrism, demonstrating that, different from what often argued in the literature, the court is not a failed replica of the Court of Justice of the EU, but an institution in its own right, with its own approach to international law, its own successes and failures.

Keywords: Western Centrism, Contemporary International law, International Courts, post- Bourdieusian, foten, EU

Suggested Citation

Caserta, Salvatore, Western Centrism, Contemporary International Law, and International Courts (June 1, 2020). iCourts Working Paper Series No. 187, Forthcoming, Leiden Journal of International Law, Available at SSRN: https://ssrn.com/abstract=3615646 or http://dx.doi.org/10.2139/ssrn.3615646

Salvatore Caserta (Contact Author)

University of Copenhagen - iCourts - Centre of Excellence for International Courts ( email )

Studiestraede 6
Copenhagen, DK-1455
Denmark

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